Tustin — 2024-10-01

1.\nCONFERENCE WITH LEGAL COUNSEL – ANTICIPATED\nLITIGATION - Significant exposure to litigation pursuant to\nGovernment Code § 54956.9(d)(2): (3 cases)

2.\nCONFERENCE WITH LEGAL COUNSEL – ANTICIPATED\nLITIGATION - Initiation of litigation pursuant to Government\nCode § 54956.9(d)(4): (2 cases)

3.\nCONFERENCE WITH LEGAL COUNSEL – ANTICIPATED\nLITIGATION – Significant exposure to litigation pursuant to\nGovernment Code § 54956.9(d)(2): (1 case) – related to the\nfire at the North Hangar owned by the Navy and the release\nof hazardous materials therefrom

4.\nCONFERENCE WITH LEGAL COUNSEL - EXISTING\nLITIGATION pursuant to Government Code § 54956.9(a): (1\ncase)\nA.\nMejia/De Garay v Tustin, Case No. 8:24-cv-0073 MRA\nADS

5.\nCONFERENCE WITH REAL PROPERTY NEGOTIATORS –\nGovernment Code § 54956.8: (1 case)\nA.\nProperty Address/Description: APN 430-481-02, 430-\n481-03, 430-481-04, 430-481-05 Agency: City of Tustin\nCity Negotiators: Aldo E. Schindler, City Manager; Nicole\nBernard, Assistant City Manager; Ryan Swiontek,\nDeputy Director of Real Property; Kenneth Piguee, Real\nProperty Manager; and Jerry Craig, Deputy Director of\nEconomic Development Negotiating Parties: Irvine\nCompany Under Negotiation: Price and Terms of\nPayment

10. APPROVE \nPLANS \nAND \nSPECIFICATIONS \nAND\nAUTHORIZE ADVERTISEMENT FOR BIDS FOR THE OLD\nTOWN \nIMPROVEMENTS \nPROJECT \nThe \nplans \nand\nspecifications for the Old Town Improvements Project,\nCapital Improvement Project No. 70254, have been\ncompleted and approved by the City Engineer.\nRecommendation:  It is recommended that the City Council:\n1. Adopt Resolution No. 24-64 approving the plans and\nspecifications for the Old Town Improvements project (CIP\nNo. 70254); and 2. Authorize the City Clerk to advertise to\nreceive bids. RESOLUTION NO. 24-64 A RESOLUTION OF\nTHE \nCITY \nCOUNCIL \nOF THE \nCITY \nOF TUSTIN,\nCALIFORNIA APPROVING PLANS AND SPECIFICATIONS\nFOR THE OLD TOWN IMPROVEMENTS PROJECT, CIP\nNO. 70254 AND AUTHORIZING ADVERTISEMENT FOR\nBIDS Fiscal Impact: Sufficient funds have been budgeted\nand appropriated in this Fiscal Year 2024-2025 Capital\nImprovement Program for the Old Town Improvements\nproject. The engineer's estimate for the Old Town\nImprovements project is $3,787,892. The project is funded\nthrough a combination of Community Development Block\nGrant funds (Fund 120) and Land Sale Proceeds funds\n(Fund 189).

11. ACCEPT IMPROVEMENTS AND FILE A NOTICE OF\nCOMPLETION \nFOR \nTHE \nFISCAL \nYEAR \n2023-2024\nANNUAL ROADWAY REHABILITATION AND SIDEWALK\nREPAIR PROJECT - ZONE 5  Construction of the Fiscal Year\n2023-2024 Annual Roadway Rehabilitation and Sidewalk\nRepair Project - Zone 5, Capital Improvement Project No.\n70023 has been completed to the satisfaction of the City\nEngineer and is now ready for City Council Acceptance.\nRecommendation:  It is recommended that the City Council:\n1. Adopt Resolution No. 24-66 accepting the improvement of\nthe Fiscal Year 2023-2024 Annual Roadway Rehabilitation\nand Sidewalk Repair Project, Capital Improvement Project\nNo. 70023; and 2. Authorize the City Engineer to execute and\nfile the Notice of Completion with the Orange County\nRecorder's \nOffice. \nRESOLUTION \nNO. \n24-66 \nA\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nTUSTIN, CALIFORNIA, ACCEPTING THE PUBLIC WORKS\nAND \nIMPROVEMENT \nAND \nAUTHORIZING \nTHE\nRECORDATION OF THE NOTICE OF COMPLETION FOR\nTHE FISCAL YEAR 2023-2024 ANNUAL ROADWAY\nREHABILITATION AND SIDEWALK REPAIR PROJECT -\nZONE 5 (CIP NO. 70023)

12. INTRODUCTION OF ORDINANCE NO. 1552 REGARDING\nTHE CITY PURCHASING SYSTEM At the September 17,\n2024 meeting, the Council received a presentation of the\noptions for potential amendments to the City’s Purchasing\nPolicy and Procedures, as outlined in the Tustin City Code\nsections 1621-1630. The Council discussed the options and\nprovided direction to staff. This report, incorporating the\nCouncil’s directions, presents the proposed updates to the\nCity’s Purchasing System as codified in the Tustin City Code.\nRecommendation: That the City Council introduce Ordinance\nNo. 1552 in the form attached as Attachment 1 for first\nreading by title only and set the next available Council\nmeeting for second reading and adoption. ORDINANCE NO.\n1552 AN ORDINANCE OF THE CITY COUNCIL OF THE\nCITY OF TUSTIN REPLACING AND SUPERSEDING\nARTICLE 1, CHAPTER 6, PART 2 OF THE TUSTIN CITY\nCODE REGARDING THE CITY PURCHASING SYSTEM.\nFiscal Impact: There is no direct fiscal impact associated with\nthis item.

13. AMENDMENT \nAND \nEXTENSION \nOF \nEXCLUSIVE\nNEGOTIATING \nAGREEMENT \nWITH \nTHE \nIRVINE\nCOMPANY LLC FOR PORTIONS OF TUSTIN LEGACY\nDISPOSITION AREAS 2B, 2C AND 8 Request for approval\nof an amendment and extension of the Exclusive Negotiating\nAgreement with The Irvine Company LLC to continue the\nnegotiating period for the disposition and development of\nportions of Disposition Areas 2B, 2C and 8 at Tustin Legacy\nfor a multifamily residential project until March 31, 2025, with\none additional 90-day extension at the discretion of the City\nManager.\nRecommendation: Authorize the City Manager to execute an\namendment to the Exclusive Negotiating Agreement with The\nIrvine Company LLC, approving an extension of the\nExclusive Negotiating Agreement until March 31, 2025, with\none additional 90-day extension at the discretion of the City\nManager \nsubject \nto \nnon-substantive \nadditions \nor\nmodifications as may be deemed necessary and/or\nrecommended by the City’s special real estate counsel or the\nCity Attorney prior to the end of the Exclusive Negotiating\nAgreement Negotiating Period.Fiscal Impact: There is no fee\nassociated with the Exclusive Negotiating Agreement\namendment or extension. The Irvine Company LLC has a\ndeposit account with the City that will continue to fund the\nCity transaction expenses incurred by staff and third-party\nconsultants \nincluding \nthe \nretention \nof \nlegal \ncounsel\nassociated with the negotiation and drafting of the Disposition\nand Development Agreement and related agreements.

14. SALARY \nRESOLUTIONS \nFOR \nUNREPRESENTED\nEXECUTIVE \nMANAGEMENT, \nMANAGEMENT,\nSUPERVISORY, \nAND \nCONFIDENTIAL \nEMPLOYEES\nAdoption of the attached Resolutions will authorize terms and\nconditions of employment for unrepresented Executive\nManagement, Management, Supervisory, and Confidential\nemployees in accordance with City Council direction.\nRecommendation: \nAdopt \nResolution \nNo. \n24-72 \nand\nResolution No. 24-73 to amend the City's Classification and\nCompensation \nPlans \nfor \nunrepresented \nExecutive\nManagement, Management, Supervisory, and Confidential\nemployees. RESOLUTION NO. 24-72 A RESOLUTION OF\nTHE \nCITY \nCOUNCIL \nOF THE \nCITY \nOF TUSTIN,\nCALIFORNIA, \nRELATING \nTO \nCOMPENSATION \nAND\nBENEFITS \nFOR \nUNREPRESENTED \nEXECUTIVE\nMANAGEMENT AND MANAGEMENT EMPLOYEES, AND\nSUPERSEDING RESOLUTION 24-49 RESOLUTION NO.\n24-73 A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY \nOF \nTUSTIN, \nCALIFORNIA, \nRELATING \nTO\nCOMPENSATION AND BENEFITS FOR UNREPRESENTED\nSUPERVISORY AND CONFIDENTIAL EMPLOYEES, AND\nSUPERSEDING RESOLUTION 21-82 Fiscal Impact: The\nprovisions of these Resolutions will result in an additional\ncost of approximately $321,962 in Fiscal Year 2024-25. By\nFY 2026-27, the additional ongoing cost to the City is\nestimated to be $1,371,073 per year. Staff is not requesting\nany supplemental budget appropriations associated with\nthese \nResolutions \nat \nthis \ntime; \nany \nsupplemental\nappropriations will be incorporated with the mid-year budget\nreview, which will be presented to the City Council in\nFebruary 2025.

15. AUTHORIZING THE TEMPORARY POST-RETIREMENT\nEMPLOYMENT OF KEN NISHIKAWA Adoption of the\nattached Resolution will authorize the City to employ Ken\nNishikawa on a temporary part-time basis in the retired\nannuitant position of Deputy Director of Public Works -\nEngineering sooner than 180 days after his upcoming\nretirement.\nRecommendation:  Adopt Resolution No. 24-71 authorizing\nthe City to employ Ken Nishikawa on a temporary part-time\nbasis in the retired annuitant position of Deputy Director of\nPublic Works - Engineering shortly after his retirement.\nRESOLUTION NO. 24-71 A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,\nAUTHORIZING THE POST-RETIREMENT EMPLOYMENT\nOF KEN NISHIKAWA SOONER THAN 180 DAYS AFTER\nRETIREMENT Fiscal Impact: Authorization of this position\nwill result in a cost of up to approximately $93,000 on an\nannualized basis. Staff is not requesting any supplemental\nbudget appropriations associated with this action at this time;\nany supplemental appropriations will be incorporated with the\nmid-year budget review, which will be presented to the City\nCouncil in February 2025.

16. OCTOBER 2024 SUMMARY OF PROJECTS The report\nsummarizes Community Development Department’s programs and activities conducted from January to September 2024.  The report highlights activities under the\nfollowing categories: * Current Planning - Industrial,\ncommercial, mixed-use, and residential development and\nprojects under review.  * Advance Planning - General Plan\nand code amendments, historic preservation, and Community Development Block Grant activities.\nRecommendation: That the City Council receive and file the\nreport. Fiscal Impact: There is no fiscal impact associated\nwith this item.

3.\nRATIFICATION OF PAYROLL AND DEMANDS The City\nCouncil has approved the use of Government Code Section\n37208 to expedite the payment of City of Tustin obligations\nthat are in accordance with the approved budget or continued\noperations authorizations.\nRecommendation:  It is recommended that the City Council\napprove Payroll in the amount of $1,011,030.16 and\nDemands in the amount of $3,122,537.40.

4.\nSECOND READING AND ADOPTION OF ORDINANCE NO.\n1543 (CODE AMENDMENT 2024-0004) - UPDATES\nRELATIVE TO THE IMPLEMENTATION OF THE 6TH\nCYCLE 2021-2029 HOUSING ELEMENT Adoption of\nOrdinance No. 1543 will amend various sections of Article 9\n(Land Use) of the Tustin City Code by implementing Program\n1.5(a) and Program 2.1(a) of the City’s adopted Housing\nElement of the General Plan: • Program 1.5(a) - Streamlines\nthe requirements for triplexes in the R-2 and R-3 zones and\nfor residential uses Citywide in all zones by removing the\nConditional Use Permit requirements. • Program 2.1(a) -\nAdds definitions for transitional and supportive housing and\nconsider transitional and supportive housing to be a\nresidential use and explicitly permits them subject only to\nthose zoning regulations that apply to other residential\ndwellings of the same type in the same zone as required by\nAB 2162.\nRecommendation:  That the City Council have second\nreading by title only and adoption of Ordinance No. 1543.\nORDINANCE NO. 1543 AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,\nADOPTING ORDINANCE NO. 1543, AMENDING VARIOUS\nSECTIONS OF TUSTIN CITY CODE ARTICLE NINE (LAND\nUSE) TO IMPLEMENT THE HOUSING IMPLEMENTATION\nPROGRAM OF THE 6TH CYCLE 2021-2029 HOUSING\nELEMENT OF THE GENERAL PLAN (CODE AMENDMENT\n2024-0004) Fiscal Impact: There is no fiscal impact\nassociated with this item.

5.\nSECOND READING AND ADOPTION OF ORDINANCE NO.\n1546 AMENDING WASTE REDUCTION AND RECYCLING\nPROGRAM REQUIREMENTS Adoption of Ordinance No.\n1546 amends Section 4351 of the Tustin City Code to\nsimplify the collection of deposits associated with the City’s\nWaste Reduction and Recycling Program for construction\nand demolition debris.\nRecommendation:  That the City Council have second\nreading by title only and adoption of Ordinance No. 1546.\nORDINANCE NO. 1546 AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF TUSTIN AMENDING ARTICLE\n4, CHAPTER 3, PART 5 OF THE TUSTIN CITY CODE\nREGARDING \nWASTE \nDISPOSAL \nAND \nDIVERSION\nREQUIREMENTS FOR CONSTRUCTION, DEMOLITION,\nAND RENOVATION PROJECTS WITHIN THE CITY Fiscal\nImpact: There is no fiscal impact associated with this item.

6.\n2024 BIENNIAL CONFLICT OF INTEREST CODE REVIEW\n(DESIGNATED POSITIONS) Biennially the City is required to\nreview the list of designated positions in the Conflict of\nInterest Code. Staff recommends the following changes to\nthe list of designated filers: Additions: Deputy City Manager -\nReal Property (City Manager’s Office) Plans Examiner\n(Community Development) Deputy Director of Real Property\n(City Manager’s Office) Real Property Manager (City\nManager’s Office) Senior Information Technology Specialist\n(Finance) Human Resources Manager (Human Resources)\nDirector of Public Works (Public Works) Deletions: Deputy\nCity Manager (City Manager’s Office) Director of Economic\nDevelopment \n(Economic \nDevelopment) \nEconomic\nDevelopment \nand \nHousing \nManager \n(Economic\nDevelopment) \nSenior \nManagement \nAnalyst \n(Human\nResources) \nRecreation \nSuperintendent \n(Parks \nand\nRecreation) Behavioral Health Bureau Commander (Police\nDepartment) Director of Public Works / City Engineer (Public\nWorks)\nRecommendation:  It is recommended that the City Council\nadopt Resolution No. 24-63. RESOLUTION NO. 24-63 A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nTUSTIN, CALIFORNIA, MODIFYING THE DESIGNATED\nPOSITIONS \nCONTAINED \nIN \nTHE \nCONFLICT \nOF\nINTEREST CODE OF THE CITY OF TUSTIN, AND\nREPEALING RESOLUTION NO. 22-45 Fiscal Impact: There\nis no fiscal impact associated with this item.

7.\nRESOLUTION \nDECLARING \nASSESSOR’S \nPARCEL\nNUMBERS 430-371-27, 430-371-29, 430-371-30, 430-371-\n31, 430-371-33, 430-381-65, 430-381-67, 430-381-74 AND\n430-381-95 AS SURPLUS LAND Resolution 24-68 will\ndeclare Assessor’s Parcel Numbers 430-371-27, 430-371-29,\n430-371-30, 430-371-31, 430-371-33, 430-381-65, 430-381-\n67, 430-381-74 and 430-381-95 as surplus land pursuant to\nCalifornia Government Code Section 54221.\nRecommendation:  It is recommended that the City Council\ntake the following actions: 1. Adopt Resolution 24-68: A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nTUSTIN, CALIFORNIA, DECLARING CERTAIN REAL\nPROPERTY COMPRISED OF ASSESSOR'S PARCEL\nNUMBERS 430-371-27, 430-371-29, 430-371-30, 430-371-\n31, 430-371-33, 430-381-65, 430-381-67, 430-381-74 AND\n430-381-95 \nAS \nSURPLUS \nLAND \nPURSUANT \nTO\nCALIFORNIA GOVERNMENT CODE SECTION 54221. 2.\nAuthorize the City Manager to circulate a Notice of\nAvailability and submit the appropriate documentation to the\nCalifornia \nDepartment \nof \nHousing \nand \nCommunity\nDevelopment in connection with the Resolution. Fiscal\nImpact: Adoption of Resolution 24-68 itself does not have a\nfinancial impact to the City, however noticing and negotiating\ndisposition of property as required under the Surplus Land\nAct may have financial impacts to the City.

8.\nRESOLUTION \nDECLARING \nASSESSOR’S \nPARCEL\nNUMBERS 430-481-07, 430-481-08, 430-481-09, 430-481-\n10 AND 430-481-11 AS SURPLUS LAND Resolution 24-69\nwill declare Assessor’s Parcel Numbers 430-481-07, 430-\n481-08, 430-481-09, 430-481-10 and 430-481-11 as surplus\nland pursuant to California Government Code Section 54221.\nRecommendation:  It is recommended that the City Council\ntake the following actions: 1. Adopt Resolution 24-69: A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nTUSTIN, CALIFORNIA, DECLARING CERTAIN REAL\nPROPERTY COMPRISED OF ASSESSOR'S PARCEL\nNUMBERS 430-481-07, 430-481-08, 430-481-09, 430-481-\n10 AND 430-481-11 AS SURPLUS LAND PURSUANT TO\nCALIFORNIA GOVERNMENT CODE SECTION 54221. 2.\nAuthorize the City Manager to circulate a Notice of\nAvailability and submit the appropriate documentation to the\nCalifornia \nDepartment \nof \nHousing \nand \nCommunity\nDevelopment in connection with the Resolution. Fiscal\nImpact: Adoption of Resolution 24-69 itself does not have a\nfinancial impact to the City, however noticing and negotiating\ndisposition of property as required under the Surplus Land\nAct may have financial impacts to the City.

9.\nRESOLUTION \nDECLARING \nASSESSOR’S \nPARCEL\nNUMBER 401-583-01 AS SURPLUS LAND Resolution 24-70\nwill declare Assessor’s Parcel Number 401-583-01 as surplus\nland  pursuant to California Government Code Section\n54221.\nRecommendation:  It is recommended that the City Council\ntake the following actions: 1. Adopt Resolution 24-70: A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nTUSTIN, CALIFORNIA, DECLARING CERTAIN REAL\nPROPERTY COMPRISED OF ASSESSOR'S PARCEL\nNUMBER 401-583-01 AS SURPLUS LAND PURSUANT TO\nCALIFORNIA GOVERNMENT CODE SECTION 54221. 2.\nAuthorize the City Manager to circulate a Notice of\nAvailability and submit the appropriate documentation to the\nCalifornia \nDepartment \nof \nHousing \nand \nCommunity\nDevelopment in connection with the Resolution. Fiscal\nImpact: Adoption of Resolution 24-70 itself does not have a\nfinancial impact to the City, however noticing and negotiating\ndisposition of property as required under the Surplus Land\nAct may have financial impacts to the City.